Kel Homes, LLC v. Burris

Kel Homes, LLC, appeals from the trial courts order that denied its motion to dismiss the Burrises complaint based on the arbitration provision in Kel Homes contract with them. We affirm the trial courts determination that the count for specific performance is not within the scope of the arbitration provision of the contract. However, we reverse the trial courts determination that the count for fraud in the inducement is not within the scope of the arbitration provision, and we remand for further proceedings concerning the validity of the arbitration provision.